Mr S Sherry v Arnold Clark Automobiles Limited — 2026

Mr Sherry alleged a failure to make reasonable adjustments and discrimination arising from disability, with the alleged acts occurring in May 2025. This preliminary hearing determined whether he was a disabled person within section 6 of the Equality Act 2010 at that time; it did not finally determine either underlying discrimination claim.

The Tribunal accepted that Mr Sherry had a history of anxiety and panic attacks and was suffering from a mental impairment in May 2025. It found that his panic attacks, disturbed sleep, poor concentration and other reported symptoms had more than a minor or trivial adverse effect on normal day-to-day activities, including sleeping, concentrating, attending work and coping with ordinary workplace demands.

The Tribunal was not satisfied that the adverse effect was long-term. The impairment had not lasted for 12 months in May 2025, and the contemporaneous prognosis was that Mr Sherry was likely to return to work within one to three months with appropriate intervention and support. The earlier episodes of anxiety or stress-related illness, separated by periods of apparent improvement, did not establish a substantial adverse effect that was likely to recur.

The Tribunal therefore concluded that Mr Sherry was not a disabled person for the purposes of section 6 of the Equality Act 2010 in May 2025. No remedy or monetary award was determined in this judgment.